3745-66-40
Applicability- financial requirements.

(A)
The requirements of rules
3745-66-42,
3745-66-43,
3745-66-47, and
3745-66-48 of the Administrative
Code apply to owners and operators of all hazardous waste facilities, including
underground injection control facilities, except as this rule or rule
3745-65-01 of the Administrative
Code provide otherwise.

(B)
The
requirements of rules
3745-66-44 and
3745-66-45 of the Administrative Code apply only to
owners and operators of:

(2)
Tank systems that
are required under rule
3745-66-97 of the Administrative
Code to meet the requirements for landfills; and

(3)
Containment buildings that are required
under rule
3745-256-102 of the
Administrative Code to meet the requirements for landfills.

(C)
The state of Ohio and federal
agencies are exempt from the requirements of rules
3745-66-40 to
3745-66-48 of the Administrative
Code.

(D)
The director may replace
all or part of the requirements of rules
3745-66-40 to
3745-66-48 of the Administrative
Code that apply to a regulated unit with alternative requirements for financial
assurance set out in the permit or in an enforceable document[as defined in
paragraph (G) of rule
3745-50-45 of the Administrative
Code], where the director:

(1)
Prescribes
alternative requirements for the regulated unit under paragraph (F) of rule
3745-65-90 and /or paragraph (D)
of rule 3745-66-10 of the Administrative
Code, and

(2)
Determines that it
is not necessary to apply the requirements of rules
3745-66-40 to
3745-66-48 of the Administrative
Code because the alternative financial assurance requirements will protect
human health and the environment.